1 2026:CGHC:1984 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 97 of 2019 1 - Smt. Triveni Bai Kunjam W/o Late Sujeet Kumar Kujam Aged About 43 Years R/o Village Madavapathara, Police Station Rudri, Tahsil And District Dhamtari, Chhattisgarh. ... Appellant versus 1 - Rajkumar Sahu S/o Late Perdeshi Ram Sahu Aged About 50 Years R/o Kunderpara Balod, Police Station And Tehsil And District Balod, Chhattisgarh (Driver Of Bus No. C.G. /08/J.A./2027), 2 - Anand Roadways, Through Director, Anand Roadways Ganj Chowk Rajnandgaon, Tahsil And District Rajnandgaon Chhattisgarh. (Owner Of Bus No. C.G. /08/j.A./2027), 3 - National Insurance Company Limited, Through Branch Manager, Branch Office, Rajnandgaon, Chhattisgarh And National Insurance Company Limited Through Regional Manager, Akashganga Parisar, Supela Bhilai, Tahsil And District Durg Chhattisgarh. (Insurance), ... Respondent(s) For Appellant : Shri Praveen Dhurandhar, Advocate. For Respondent No.1 : Shri Amit Nayak, Advocate. For Respondent No.2 : Shri Roshan Singh Lamba appears on behalf of Shri BP Singh, Advocate. For Respondent No.3 : Shri Qamrul Aziz, Advocate. Hon'ble Shri Sanjay K. Agrawal , J Order On Board KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.01.14 15:46:19 +0530 2 13/01/2026 1. This Appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the appellant/claimant seeking enhancement in the amount of compensation, challenging the impugned award dated 31.01.2023 passed by the Additional Motor Accident Claims Tribunal, Dhamtari District Dhamtari, Chhattisgarh (for short “Claims Tribunal”) in Claim Case Nos.07/2012 & 57/2012, whereby learned Claims Tribunal has awarded sums of ₹45,000/- & ₹21,73,600/- respectively, as compensation along with interest to the injured claimant/appellant herein. However, the Insurance Company was exonerated. 2. The appellant is injured who was travelling on motorcycle as pillon rider along with her husband and was dashed by the bus, as a result of which her husband died and she sustained injuries. At the time of the accident, the deceased was aged about 38 years. It was also pleaded that the appellant is the house wife and doing the stitching work and thereby she used to earn Rs.3,000/- per month. In the said accident, her left hand was fractured and she suffered 30% temporary disability. However, the Claims Tribunal recorded a finding that there was breach of the policy, as the vehicle was insured however the driver of the offending vehicle was not having valid and effective driving licnece, as the same was not renewed. Considering the facts and circumstances of the case, the Claims Tribunal has awarded the following sum under different heads:- 3 Sr. No. Heads of Compensation Sum awarded by the Tribunal 1. Medical Bills 28,000/- 2. Healthy diet and transportation Rs.2,000/- 3. Temporary disability Rs.10,000/- 4. Pain and suffering Rs.5,000/- Total Rs.45,000/- 3. Mr. Dhurandhar, learned counsel for the appellant, would submit that in Claim Case No.7/2012, the Claims Tribunal has awarded an amount of Rs.2,000/- towards Healthy Diet and Transportation, which is on lower side; an amount of Rs.10,000/- was awarded towards Temporary Disability; towards Pain & Suffering only Rs.5,000/- was awarded and further under the heads ‘Future Medical Treatment’ and ‘Assistance’ nothing was awarded. Furthermore, this Court in MAC No.488/2013 (Anand Roadways Vs. Smt. Triveni Bai Kunjam & Others) decided on 27.11.2017 has fastened the liability on the Insurance Company, which has become final and, therefore, the compensation awarded by the Claims Tribunal under the aforesaid heads may be suitably enhanced. 4. Per contra, learned counsel for the respondents would support the impugned award on submission that the amount of compensation awarded by the Claims Tribunal is just and proper which does not call for any interference. 5. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records precisely. 4 6. In the case at hand, the Tribunal has awarded Rs.5,000/- towards pain and suffering; Rs.2,000/- towards healthy diet and transportation, which is very meagre amount; Rs.10,000/- towards temporary disability whereas towards ‘Future Medical Treatment’ and ‘Assistance’ nothing was awarded. 7. After hearing learned counsel for the parties and after going through the record; considering the facts and circumstances of the case and the nature of temporary injury sustained by the claimant, it would be appropriate to enhance award amount in Claim Case No.07/2012. As such, the claimant will be entitled for the following compensation as computed by this Court:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Medical Bills ₹28,000/- ₹ 28,000/- 2. Healthy Diet and Transportation ₹2,000/- ₹10,000/- 3. Temporary Disability ₹10,000/- ₹15,000/- 4. Assistance Not awarded ₹10,000/- 5. Pain & suffering ₹5,000/- ₹25,000/- 6. Future Medical Treatment Not awarded ₹10,000/- Total ₹45,000/- ₹98,000/- Enhanced amount ₹53,000/- 8. In view of the aforesaid analysis, the amount of compensation of ₹45,000/- awarded by the Claims Tribunal in Claim Case No.7/2012 is enhanced to ₹98,000/-. Hence, after deducting the amount of ₹45,000/-, the appellant is held to be entitled to an additional amount of 5 ₹53,000/-. The aforesaid amount is in addition to the amount already awarded by the Claims Tribunal. The Insurance Company is held liable to pay the aforesaid amount of compensation in view of the decision of this Court in the matter of Anand Roadways Vs. Smt. Triveni Bai Kunjam, referred to above. Thus the Insurance Company shall deposit the amount of compensation within a period of three months from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @ 6% per annum from the date of filing of claim application before the Tribunal till its realization. However, for the purposes of interest, the period from the date of award till the filing of the present Appeal i.e. from 31.1.2013 to 3.1.2019 shall be excluded. Rest of the conditions of the impugned award shall remain intact. 9. Accordingly, this Appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Barve